19 GEO.
V.l
Music-teachers Registration.
[1928, No. 31.
435
New Zealand.
ANALYSIfS.
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
Title.
Short Title and commencement.
Interpretation.
Music - teachers Registration Board established.
Term of office of members appointed on election.
Board to be a body corporate.
Contracts of Board.
First meeting of Board.
Other meetings of Board.
Functions of Board.
Registrar of Music-teachers.
11. Register of Music-teachers.
12. Qualification of applicants for registration
under this Act.
13. Applications for registration to be in writing.
14. Penalty for fraudulently procuring registration.
15. Limitations as to age and character.
16. Certificates of registration.
17. Annual fee.
18. Cancellation of registration.
19. Appeals from Board.
20. Offences.
21. Application of moneys received by Board.
22. Regulation.~.
1928, No. 31.
AN ACT to provide for the Registration of Music-teachers.
[6th October, 1928.
BE IT ENACTED by the General Assembly of New Zealand
in Parliament assembled, and by the authority of the same, as
follows :l. This Act may be cited as the Music-teachers Registration Act,
1928, and sha.ll come into force on the first day of January, nineteen
hundred and twenty-nine.
2. In this Act, unless the context otherwise requires," Board" means the Music-teachers Registration Board constituted under this Act :
" Minister" means the Minister of Education:
" Registered " means registered under this Act:
" Registrar" means the Registrar appointed under this Act.
3. (1) For the purposes of this Act there is hereby established a
Board to be called the Music-teachers Registration Board.
(2) The Board shall consist of nine persons, of whom one' shall be
appointed by the Minister, and eight shall be elected by registered
music-teachers.
(3) The powers of the Board shall not be affected by any vacancy
ill the membership thereof.
28*
Title.
Short Title and
commencement.
Interpretation.
Music-teachers
Registration Board
established.
436
Term of office of
members appointed
on election.
Board to be a body
oorporate.
Contraots of Board.
1928, No. 31.]
M usic-teachers Registration.
[19 GEO. V.
---------------------------------------------------------(4) For the purposes of every such election New Zealand is hereby
divided into four districts as follows :(a) The Auckland District, which shall consist of the area comprised
in the Provincial District of Auckland :
(b) The Wellington District, which shall consist of the area comprised in the Provincial Districts of Wellington, Taranaki,
Hawke's Bay, Marlborough, and Nelson:
(c) The Canterbury District, which shall consist of the area comprised in the Provincial Districts of Canterbury and Westland:
(d) The Otago District, which shall consist of the area comprised
in the Provincial District of Otago.
(5) The registered music-teachers resident in each such district
shall from time to time, in the prescribed manner, elect two persons
as members of the Board.
(6) For the purposes of the first such election to be held in each
of the said districts, those persons who are members of any incorporated society of professional music-teachers or musicians recognized
for that purpose by -the Minister by notice in the Gazette, but no other'
persons, shall be deemed to be registered music-teachers.
4. (1) Every member of the Board shall hold office for a term of
two years from the date of his appointment or election, save that he may
be reappointed or re-ejected in the manner provided by the last preceding
section, or may at any time be removed from office by the Minister on
the recommendation of the Board.
(2) On the death, resignation, or removal from office of allY
member of the Board the Minister shall appoint some fit person to be a
member of the Board for the residue of the term for which such firstmentioned person was appointed or elected:
Provided that where the vacancy is a vacancy in the office of an
elected member the Minister shall make such appointment on the
recommendation of the Board.
(3) Every member of the Board shall be paid out of the funds of
the Board such allowances as the Board with the approval of the
Minister from time to time appoints, and all travelling-expenses reasonably incurred by him in respect of his attendance at meetings of the
Board and in transacting the business thereof.
5. The Board shall be a body corporate with perpetual succession
and a common seal, and shall be capable of holding real and personal
property, and of doing and suffering all that bodies corporate may do
and suffer.
6. (1) Any contract which if made between private persons must
be by deed shall if made by the Board be in writing under the seal of
the Board.
(2) Any contract which if made between private persons must
be in writing signed by the parties to be charged therewith shall if
made by the Board be either under the seal of the Board or signed
by two members of the Board on behalf of and by direction of the
Board.
(3) Any contract which if made between private persons may be
made verbally without writing may be similarly made by or on
behalf of the Board by any two members acting by direction of the
19
GEO.
V.]
l'Jusic-teache:rs Registration.
[1928, No. 31.
437
Board, but no verbal contract shall be made for any sum exceeding
twenty pounds.
7. (1) The first meeting of the Board shall be held on a day and at First meeting of
a time and place to be appointed in that behalf by the Minister.
. Board.
(2) At its first meeting in each year the Board shall elect one of
its members to be Chairman, who shall hold office for that year, and
thereafter shall be eligible for re-election.
S. (1) Other meetings of the Board shall be held at such times Other meetings of
and places as the Board shall from time to time appoint.
Board.
(2) The Chairman of the Board or any two members thereof
may at any time direct the Registrar to call a special meeting of the
Board.
(3) At all meetings of the Board five members shall form a quorum
and no business shall be transacted unless a quorum is present.
(4) The Chairman shall preside at all meetings of the Board at
which he is present.
(5) In the absence of the Chairman from any meeting of the Board
the members present thereat shall choose one of their number to be
Chairman of that meeting.
(6) At any meeting of the Board the Chairman shall have a deliberative vote, and, in the case of an equality of votes, shall also have a
casting-vote; and a decision of a majority of the members present shall
be the decision of the Board.
9. The functions of the Board shall be to receive applications for Functions of Board.
registration under this Act, to authorize registration in cases where the
conditions of registration have been complied with, and generally, within
the scope of its authority, to do whatever may in its opinion be necessary
for the effective administration of this Act.
10. The Board shall appoint a Registrar of Music-teachers, and may Registrar of
appoint such other officers or servants as it deems necessary for the Music-teachers.
efficient carrying-out of its functions under this Act.
11. (1) The Registrar shall keep in his office a Register of Music- Reg~ter of
teachers in which shall be entered the names of all persons registered Muslc·teachers.
under this Act, the qualifications by virtue of which they are so registered, and such other particulars in relation thereto as the Board from
time to time directs.
(2) The register shall be open for inspection by any person without
fee during such hours as the Board from time to time determines.
12. (1) Save as otherwise expressly provided in this Act, every Qualification of
person shall on payment to the Board of a fee of ten shillings and six- ap~litcant~8 for d
. Ied
'
d under t h'IS Act as a teacher 0 f mUSIC
. reglB
ra lon un er
pence b e entIt
to b
e reglStere
this Act.
who satisfies the Board that(a) At the commencement of this Act he had been engaged in New
Zealand for a period of at least twelve months immediately
preceding such commencement as a music-teacher; or
(b) He possesses a degree, diploma, certificate, license, or other
proof that he has passed an examination in music recognized
by the Board; or
(c) He is otherwise competent to teach music.
(2) The Board in registering any such person may so register him
as a teacher of anyone or more musical subjects, or of the art of playing
anyone or more musical instruments.
438
Applications for
registration to be in
writing.
Penalty for
fraudulently
procuring
registration.
Limitations as to
age and character.
Certificates of
registration.
Annual fee.
Cancellation of
registration.
1928, No. 31.]
Music-teachers Registration.
[19 GEO. V.
(3) No person shall be registered as a music-teacher under
paragraph (a) of the last preceding subsection unless application for
registration is made to the Board withu)' two years after the commencement of this Act.
13. (1) Every application for registration under this Act shall be
in writing addressed to the Board, and shall state an address at which
any notice or demand may be served by the Board.
(2) No entry in the register of the name of any person shall be made
by the Registrar save pursuant to a resolution of the Board in that
behalf.
14. Every person who makes any false or fraudulent representation,
or produces to the Board or the Registrar any false certificate or testimonial, for the purpose of securing registration under this Act commits
an offence and is liable to a fine of fifty pounds.
15. (1) No person shall be registered under this Act who is less than
eighteen years of age.
(2) The Board shall not direct the registration under this Act of
any applicant who is not in the opinion of the Board of good character
and reputation.
16. Every person registered under this Act shall be entitled to
receive a certificate of registration under the hand of the Registrar.
Every such certificate shall remain the property of the Board and shall
be surrendered on demand.
17. Every person registered under this Act shall pay to the Board
in each year during any part of which he continues to be so registered
a fee of ten shillings and sixpence, which shall become payable on
the first day of January in each year after the year in which he is
registered.
18. (1) The Board may cause to be removed from the register the
name of any person who,(a) Is proved to the satisfaction of the Board to have died; or
(b) Has been registered in error; or
(c) Is punished by imprisonment for any offence which in the
opinion of the Board renders him unfit to be registered under
this Act; or
(d) Has been guilty of such improper conduct as renders him in
the opinion of the Board unfit to be registered under this Act.
(2) In addition to the powers conferred on it by the last preceding
subsection the Board may cause to be removed from the register the
name of every person who,(e) By writing under his hand, requests the Board to remove his
name from the register; or
(f) Being in arrear for more than three months in respect of the
payment of any annual fee, does not make such payment
within one month after service upon him of a demand therefor by the Board:
Provided that any person whose name is so removed
from the register may at any time within twelve months
thereafter pay to the Board all fees which are in arrear or
which would be in arrear if his name had continued on the
register, and he shall thereupon be entitled to have his name
restored to the register.
]9 GEO.
V.]
Music-teachers Registration.
[J928.; No. 31.
(3) It shall be sufficient service of any such demand on any person
to post the same to him at the address stated by him in his application
for registration as a music-teacher pursuant to subsection one of section
thirteen hereof, or at an address furnished by him to the Board in substitution for that address.
(4) The Board may at any time re-register by virtue of his original
qualification any person whose name has been removed from the register.
19. (1) Every person who is aggrieved by any decision of the Appeals from
Board under this Act in relation to registration or an application for Board.
registration, other than a decision of the Board pursuant to paragraph (j) of subsection two of the last preceding subsection, may within
three months after notice of such decision has been communicated to
him by the Registrar appeal in the prescribed manner to a Board of
Appeal consisting of a Magistrate and two assessors, of whom one shall
be appointed by the Board and one by the appellant.
(2) The Board of Appeal shall thereupon hear the appeal, and may
either confirm the decision of the Board, or order the registration of the
a.ppellant, or the restoration of his name to the register, and the determination of the Board of Appeal shall be final and conclusive.
20. (1) Every person commits an offence and is liable on summary Offences.
conviction to a fine of twenty pounds who, not being registered under this
Act, uses or causes to be used in connection with his calling or profession any written words, titles, or initials intended to cause or which
may reasonably cause any other person to believe that he is so registered.
(2) Every person whose name has been removed from the register
under the foregoing provisions of this Act commits an offence and is
liable on summary conviction to a fine of five pounds who fails or
refuses to surrender to the Board on demand in writing his certificate of
registration under this Act.
21. (1) All moneys received by the Board shall be paid into an Application?f
account in the Board's name at such bank as the Board directs and shall ;~::r receIVed by
be applied by the Board as follows :(a) In payment of the expenses of administration of the Board's
affairs (including the co~duct of appeals under section nineteen
hereof) and of the salaries of the Registrar and other officers
(if any) of the Board: ......
(b) In payment of allowances to and travelling-expenses of members
of the Board, fees to assessors on appeals, and appellants'
costs of appeal, if the Board of Appeal so directs, the amount
of such costs to be fixed by such Board :
(c) Generally for the purpose of carr.ying out the objects of this
Act:
(d) For any purpose which, in the opinion of the Board, will raise
the standard of musical education in New Zealand:
(e) For the establishment of a provident fund for the assistance of
persons registered under this Act who are in necessitous
circumstances.
(2) Any moneys not immediately required for the purposes of the
Board may from time to time be invested by the Board in any manner
in which trustees are authorized by law to invest trust-moneys.
(3) The accounts of the Board shall be audited by an auditor
appointed by the Board.
Music-teachers RegistroJ,iHn.
440
1928, No. 31.]
Regula.tions.
22. The Governor-General may from time to time by Order in
Council make regulations(a) Prescribing forms of application for and certificates of registration nnder this Act :
(b) Prescribing the fonn of the register to be kept and the
particnlars jio be entered therein :
(c) Specifying examinations which shall be recognized by the Board
for the purpose of conferring a qualification to be registered
under this Act:
(d) Prescribing the musical subjects in respect of which registration
may be granted nnder this Act and the letters or initials that
any person so registered may use in connection with his
calling or profession to signify such registration:
(e) Prescribing the manner of holding elections of persons to be
appointed as members of the Board on election as provided
in section three hereof :
(j) Providing fO! the conduct of appeals under section nineteen
hereof, and prescribing the fees that may be paid to assessors:
(g) Generally for the purpose of giving effect to the provisions of .
this Act.
[19 GEO. V.